Can I buy a house for urban reform, is there any guarantee?

Updated on society 2024-07-28
8 answers
  1. Anonymous users2024-02-13

    You can buy a renovated house, but you need to be cautious about it. Because most of the urban reform houses do not have real estate certificates, or they have not had real estate certificates for a long time, the housing market may fluctuate during this period, and the housing prices are unstable, even if the house can be transferred, but the time from signing the contract to the transfer is too long, if the seller defaults, the buyer can only passively accept, and it is very likely that there is no way to recover the house payment in the end.

  2. Anonymous users2024-02-12

    Summary. Legal basis: "Land Management Law of the People's Republic of China" Article 63 The right to use land owned by peasant collectives shall not be assigned, transferred or leased for non-agricultural construction.

    Rural villagers can only apply for one homestead per household, and the right to use a farmer's homestead is linked to the qualifications of a member of a collective economic organization because it is obtained by the villagers free of charge on the basis of their status. To a certain extent, homestead has the function of social welfare and social security. Therefore, rural houses and homesteads can be bought and sold among villagers in their own villages, and selling them to non-villagers is an invalid sale.

    No. Hello, I'm glad to answer for you: urban reform houses can not be bought without security.

    Xiangshu Sakuraguan information 1Legal Analysis: If the urban village project referred to has obtained five certificates and has legal sales qualifications, it can be considered for purchase.

    If the renovated houses in urban villages have legal procedures and can be listed, there is not much difference between them and ordinary commercial houses.

    Legal basis: "Land Management Law of the People's Republic of China" Article 63 The right to use land owned by peasant collectives shall not be assigned, transferred or leased for non-agricultural construction. Rural villagers can only apply for one homestead per household, and the right to use a farmer's homestead is obtained by the villagers free of charge on the basis of their status, which is linked to the qualifications of a member of a collective filing economic organization.

    To a certain extent, homestead has the function of social welfare and social security. Therefore, rural houses and homesteads can be bought and sold among villagers in their own villages, and if they are sold to non-villagers, they are invalid transactions in the simplified paragraph.

    Most of the houses that we rural people buy for our children in the city are commercial houses?

    Rural self-built and sold houses that lack houses, and then buy goods with perfect banquet rooms are not counted as two sets of silver houses. The second house is premised on a house on state-owned land (a house in the city). However, the rural housing rights are self-built in rural areas, which are not commercial houses and cannot be freely circulated in the market.

    Urban reform housing is not a commercial house, right?

    That's right. If a rural person cannot complete the formalities for buying a house in the city, there will be any defects in the future.

    The procedures for buying a house will definitely be complete, and it will be very troublesome to do anything if you want to do it in the future.

  3. Anonymous users2024-02-11

    legal analysis; There are some differences between housing reform and ordinary commercial housing, but it can also be carried out, which depends on the property rights of the house. (1) First of all, it is necessary to clarify property rights. There are two types of houses on the market today:

    Full and partial ownership. When the workers participated in the housing reform to buy a house, there were three options for buying a house at the market price, the cost price and the standard price. If the house is purchased at the market price in the current year, the property rights belong to the individual and can be listed and traded at any time; If the house is purchased at cost price, the property right belongs to the individual, but generally it can enter the market after 5 years, and the land transfer fee must be paid before the transaction; If the house is purchased at the standard price, the employee owns part of the property rights, which is determined according to the proportion of the standard price in the cost price of the current year.

    According to the relevant regulations, when the "housing reform house" purchased at the standard price is listed, the difference between the standard price and the cost price should be made up first. When consumers buy this kind of second-hand "house reform", they should confirm whether the house has made up the difference according to the cost price. (2) Secondly, find out the current status of the property.

    As with the purchase and sale of second-hand commercial housing, consumers also need to find out the real-time information about the housing conversion and have a general understanding of the situation of the owner of the house. Consumers can check the file of the house on the trading floor of the housing authority according to the real estate certificate and the relevant documents of the householder, so that the actual age of the "housing reform house" can be determined. Through the inquiry, consumers can find out whether the house has been seized and mortgaged, and can inquire about the information that the head of the household actually owns several houses in the form of personal or co-ownership with others.

    If the house is seized or mortgaged, and the head of the household owns more than one "house reform house" in the form of personal or co-ownership with others, the house cannot be transferred. (3) In addition, not all housing reform houses can be listed and traded, such as the military, confidential units, and colleges and universities directly under the Ministry of Education.

    Legal basis: Article 38 of the Law of the People's Republic of China on the Administration of Urban Real Estate The following real estate shall not be transferred:

    1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law;

    2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law;

    3) recovering the right to use land in accordance with law;

    4) Co-ownership of real estate, without the written consent of the other co-owners;

    5) the ownership is disputed;

    6) Failure to register and receive a certificate of ownership in accordance with law;

    7) Other circumstances where laws or administrative regulations prohibit transfer.

  4. Anonymous users2024-02-10

    Legal analysis: According to the regulations, the house can be purchased. However, in the process of purchasing, it is necessary to pay attention to check whether there is any agreement in the agreement signed between the property owner and the original unit that cannot be transferred, and if there is no agreement, the sale can be carried out.

    In the process of buying and selling, it should be noted that it is necessary to verify whether the property rights of the house reform house are reliable, whether there is a mortgage burden, etc., which can be inquired by going to the housing management department. According to the regulations, under the same conditions, the original property right unit has the right of first refusal.

    However, not all housing reform houses can be listed and traded, such as the housing reform houses of the military, confidential units, and colleges and universities directly under the ministry. According to national regulations, whether the original property right unit retains or waives part of the property rights will be one of the important factors in whether you can buy the housing reform, so consumers should confirm whether the original unit is allowed to resell the house.

    Legal basis: Civil Code of the People's Republic of China

    Article 1122:Inheritance is the lawful property left behind by a natural person when he or she dies.

    An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

    Article 1133:Natural persons may make a will to dispose of personal property in accordance with the provisions of this Law, and may designate an executor.

    A natural person may make a will to designate personal property to be inherited by one or more of the legal heirs.

    A natural person may make a will to donate his or her personal property to an organization or individual other than the state, collective, or legal heirs.

    A natural person may establish a testamentary trust in accordance with the law.

  5. Anonymous users2024-02-09

    Legal analysis: The most important thing to see if there is any special agreement in the original purchase agreement (or sales contract) signed between the property owner and the original unit, such as: the unit has the right of first refusal when the property is to be transferred, or it can only be transferred to the employees of the unit.

    If there is no agreement, you can buy it with confidence. When buying and selling a house to change ownership, it must be noted that the transfer of property rights must be completed by the housing and land management department. The procedures for the listing and sale of housing reform houses are one more procedure than the general second-hand housing transactions, that is, the original husband and wife of the original householder must bring the real estate certificate and the original ID card to the housing reform office to apply for listing and trading.

    According to the relevant laws and regulations of China, the housing reform house listed and traded must obtain the house ownership certificate, land use right certificate and deed, and the ownership is clear. **In the school campus, industrial and mining operation area of the housing reform house, under the same conditions, the original property right unit has the right of first refusal. Housing reform houses with one of the following circumstances are not allowed to be listed for the time being:

    1. Housing reform houses that have been included in the scope of recent planning and transformation, whose household registration has been frozen and who have obtained a housing demolition permit; 2. Changing the nature of the use of the house without authorization; 3. Housing reform houses purchased or built by party and government leading cadres that exceed the area control standards; 4. The housing loan has not been paid off, and the ownership has been mortgaged and transferred without the written consent of the mortgagee, except for the transfer with the consent of the mortgagee; 5. When an employee originally purchased public housing, with the approval of the Housing Reform Office, and there are other agreed conditions with the original housing sales unit in the public housing (exchange for purchase) sale and purchase agreement, the agreement shall prevail; 6. Laws, regulations and other housing reform houses that are not suitable for the people at or above the municipal level.

    Legal basis: Provisional Regulations of the People's Republic of China on Real Estate Tax

    Article 3 The real estate tax shall be calculated and paid according to the residual value of the original value of the real estate after deducting 10% to 30% at one time. The specific reduction range shall be prescribed by the people of provinces, autonomous regions, and municipalities directly under the Central Government. If there is no original value of the property as a basis, the tax authority where the property is located shall refer to the same type of property for verification.

    If the property is rented, the rental income of the property shall be used as the basis for calculating the real estate tax.

    Article 6 Except as provided for in Article 5 of these Regulations, if a taxpayer has real difficulties in paying taxes, the people of the provinces, autonomous regions and municipalities directly under the Central Government may determine that the real estate tax shall be reduced or exempted on a regular basis.

  6. Anonymous users2024-02-08

    Urban reform houses can be bought and guaranteed.

    Urban reform houses need to be cautious in purchasing sail mills. Because most of the urban reform houses do not have real estate certificates, or the state of the cherry blossoms are houses that have not had a real estate certificate for a long time, the housing market may fluctuate during this period, and the housing prices are unstable, even if the house can be transferred, but the time from signing the contract to the transfer is too long.

    If the seller defaults, the buyer can only passively accept it, and it is very likely that there will be no way to recover the house payment. If it is not a very special situation, it is not recommended to buy an urban reform house, you can choose ordinary commercial housing or affordable housing, regular transactions, and fast real estate certificates.

    What are the risks of buying a city-to-city house:

    1. Urban housing is a kind of compensation for the state's wages that does not include housing consumption funds, and it is a form of transition from housing system to housing commercialization, which is not determined by market supply and demand, but by the principle of realizing simple reproduction of housing and establishing a housing supply system with social security, and is determined by the standard price or cost price.

    2. There are restrictions on the sales of urban reform housing, not everyone can enjoy the preferential policies of housing reform, and the people who buy housing reform can only be residents who live in complete sets of public housing for exclusive use and tour nuclear workers who meet the conditions for allocating housing.

    3. In the process of housing reform and sale, the area of housing purchased is controlled, and the control index of the construction area of per capita housing purchase is stipulated, so as to prevent the purchase of public housing at a low price and the loss of state-owned assets.

  7. Anonymous users2024-02-07

    1. Urban village renovation houses with complete documents can be purchased, otherwise you need to be cautious.

    2. The essential difference between urban villages and commercial houses lies in land use rights. The renovated housing in urban villages is used for the residential construction of villagers (residents), and the land used is generally obtained through allocation, which reduces the cost of real estate development to a certain extent, and the sales are low. In addition to the production and living use of rural collective economic organizations and villagers, part of the land in urban villages has been developed by Bi Fengdu, and the developed houses can be sold in the market.

    Under the condition that the land transfer fee is paid and the legal procedures are available to be listed, there is no substantial difference between the renovated house in the urban village and the ordinary commercial house.

  8. Anonymous users2024-02-06

    1) If the following two conditions are met, the ownership of the house can be transferred or changed: 1. The housing reform shall be approved by the Municipal Housing Reform Office or the housing reform shall be approved by the superior competent department of the housing unit and shall be reported to the Municipal Housing Reform Office for the record; 2. Those who have signed a housing reform contract and paid the purchase price in accordance with the provisions of the housing reform policy. The original property right unit is the unit or the housing authority, ** owned by individuals. (2) The sale object of the housing reform is restricted, and not everyone can enjoy the preferential policies of the housing reform, and the person who buys the housing reform can only be the residents of the exclusive complete set of public housing and the workers who meet the conditions for the allocation of housing.

    3) Restrictions on the area of housing for housing reform and housing reform control the area of housing purchased in the process of housing reform and sale, and stipulate the control index of the construction area of per capita housing purchase, so as to prevent some people from buying public housing at low prices in large quantities, resulting in the loss of state-owned assets. (4) Preferential policies for housing reform: There are certain preferential policies for the purchase of public housing reform, and there are preferential discounts for public housing on the basis of the standard price or cost price, as well as seniority, position or title. (5) The time limit for the listing of housing reform housing, and there are restrictions on entering the market for public housing in the housing reform.

    **Public housing for employees can generally be used only after the dry year, such as public housing purchased by employees at standard price or cost price. According to the laws of our country, all complete sets of public housing directly managed by local housing management departments should be directed to the current residents who are willing to buy houses, except for those that are not suitable according to the regulations. The specific rules are as follows:

    1.In principle, public housing managed by state-owned units shall, in principle, be transferred to the employees of the unit and the non-current residents of the unit who have been transferred from normal work** in accordance with the above requirements. 2.

    For households living in public housing that are not suitable for **, the unit should try its best to create conditions, and can adopt the method of exchanging public housing to the staff ** housing. 3.For the housing with disputed property rights between state-owned units, where it is within the scope of housing that can be used, in principle, the existing housing unit shall issue a written guarantee to the local real estate management department, and it may be approved to pay the individual employee **, and go through the registration procedures for the property rights of the individual employee in accordance with the regulations.

    After the sale proceeds are retained in accordance with the prescribed proportion, they shall be deposited into the designated account of the local ** and sealed, and then transferred to the original property rights unit after the original property rights relationship is clarified.

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